1 total
Application for accident benefits dismissed due to material misrepresentation regarding an undisclosed licensed driver.
The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The Insurer refused to pay income replacement benefits, alleging the Applicant failed to disclose that her 21-year-old son was a licensed driver living in the household, which would have resulted in a substantially higher premium.
The Arbitrator found that the Applicant knowingly and intentionally failed to disclose material facts to avoid a higher premium.
Consequently, the Applicant was excluded from receiving income replacement benefits under section 58(3)(a) of the Schedule, and her application for arbitration was dismissed.
